[GLLUG] "Patent trolls" or patent-assertion entities (PAEs) impede innovation | opensource.com

Karl Schuttler karl.schuttler at gmail.com
Thu Sep 27 10:43:32 EDT 2012


tldr version:
The Congressional Research Service made a report to congress, describing
that individuals/organizations that buy patents with no intent to produce
the patented product/technology, but simply to have the right to litigate
those that do, "impede innovation, undermine the patent system, and wreak
havoc on businesses."

Solution A: The "Saving High-Tech Innovators from Egregious Legal Disputes"
(SHIELD) act, which is pending, possibly requires a losing plaintiff to pay
the defendant's legal costs in cases involving computer hardware or
software patents. IE, if you frivilously sue and lose, you have to pay the
cost of the defense.

Solution B: Patent reform to strengthen enforcement of the definiteness and
disclosure requirements of the patent act to invalidate abstract or
ambiguous patents.

Solution C: Rule that the failure to practice a patent for a number of
years could be treated as abandonment.

Solution D: Law reform to eliminate the presumption of validity of existing
patents (right now judges assume patents which have been awarded are valid)

Solution E: Change the method for calculating damages in patent cases

Solution F: Eliminate software patents (only lightly touched on in the
report)

Conclusion: These and other reform ideas are worth much more discussion.
Given the impending election, it's unlikely we'll see any legislative
activity addressing the problem in the near future.





On Wed, Sep 26, 2012 at 5:20 PM, Chick Tower <c.e.tower at gmail.com> wrote:

> If you are interested in the problem patents are causing in software
> development, this article mentions a report with several suggestions for
> improvement in the patent system.
> --
>
>                                Chick
>
> http://opensource.com/law/12/**9/what-do-about-patent-troll-**problem<http://opensource.com/law/12/9/what-do-about-patent-troll-problem>
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